UK Offence Report

The Local Authorities (Rental Auctions) (England) and Town and Country Planning (General Permitted Development) (Amendment) Regulations 2024

UK Statutory Instrument 2024 No. 1139 — creates 1 criminal offence.

1offences created
0recorded in force
0revoked
Made
7 November 2024
In force from
2 December 2024
Extent
Not stated
Subject
Housing, planning, heritage and land
Made under
Levelling-up and Regeneration Act 2023, Town and Country Planning Act 1990

Explanatory note

(This note is not part of the Regulations) — published with the instrument by the department that made it. © Crown copyright, reused under the Open Government Licence v3.0.

These Regulations are made under the Town and Country Planning Act 1990 (c. 8) and the Levelling-up and Regeneration Act 2023 (c. 55) (“the 2023 Act”). They set out the process to be followed when a local authority exercises the powers given to it in Part 10 of the 2023 Act to arrange for a rental auction to be carried out in respect of qualifying high-street premises. They also amend the Town and Country Planning (General Permitted Development) (England) Order 2015 (S.I. 2015/596) (“the General Permitted Development Order”) to provide for temporary planning permission for a change of use of such premises to a suitable high-street use for the duration of a tenancy granted following a rental auction held under Part 10 of the 2023 Act. Part 2 of the Regulations make provision for rental auctions. Regulation 3 requires local authorities to consult on any proposal to designate a high street or a town centre for the purposes of section 191 of the 2023 Act, or to vary or withdraw an existing designation. Regulation 4 of, and Schedule 1 to, the Regulations set out the forms to be used for initial letting notices, final letting notices and counter-notices served under sections 195, 198 and 201 respectively of the 2023 Act. Regulation 5 requires the local authority to carry out a survey of premises before arranging a rental auction in relation to those premises. Regulations 6 to 10 and Schedules 2 and 3 to the Regulations set out the steps which must be taken by the local authority and by the landlord of the premises concerned in weeks one to ten of the auction period, and provide for the terms of the tenancy contract (Schedule 2) and the tenancy (Schedule 3). Regulation 11 provides for who the local authority may accept as the successful bidder, but also gives the local authority power to decide not to accept any bid. Regulation 12 determines when the rental auction is concluded, and regulation 13 makes provision for payment of the costs of the auction process. Regulation 14 provides for the service of any documents required as part of the auction process. Part 3 of the Regulations amends Part 4 of Schedule 2 to the General Permitted Development Order to provide for planning permission for a temporary change of use in consequence of the grant of a tenancy following a rental auction held under Part 10 of the 2023 Act. A full impact assessment has not been produced for this instrument, as no, or no significant, impact on the private, voluntary or public sector is foreseen.

Offences created by this instrument

What Parliament said about it

Hansard was searched for this instrument by name and returned nothing. That is the ordinary outcome: an instrument laid under the negative procedure is usually never debated, and becomes law without a word said about it in either House.

How Parliament handled it

This instrument became law without a debate or a vote. Under the negative procedure it took effect unless a motion to stop it succeeded, and none was tabled.

Procedure
Made negative — law unless a motion to stop it succeeded
Could either House amend it?
No. A statutory instrument is put to each House as a whole thing, to be approved or not. Neither House can change a word of it.

Procedural history

From Parliament's Statutory Instruments service. Parliamentary material is reused under the Open Parliament Licence v3.0.

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